The crime of domestic violence is beyond dispute. There is a range in the severity of the crime, from a misdemeanor to a felony. What is the punishment for domestic abuse in the context of a divorce? Assault and battery are both criminal offenses that include domestic violence. Depending on the nature of the offense, it may result in jail time. Parenting time and your position in the custody dispute will both suffer if you commit domestic abuse.
Click here to watch the video on What Is The Penalty For Domestic Violence?
For a parent with domestic violence issues, it typically does not augur well. The guilty party may receive restricted custody or parenting time under supervision if it can be shown that the abuse has a negative impact on the child’s best interests.
The issue of domestic violence is always discussed in close tangent with personal protective orders and child abuse. The topic always crosses over custody and parenting time.
Some Revealing Truths About Domestic Violence
When deciding on custody and parenting time, the court will always consider one of the twelve factors for assessing the best interest of the child. One of these factors, the eleventh factor, is domestic violence or domestic abuse. It’s not necessary for parents to physically abuse their kids. It’s not necessary for kids to see it. For the court to consider domestic violence, it only needs to demonstrate presence or evident existence.
Legally speaking, emotional abuse can occasionally be ambiguous due to the fact that various people frequently interpret the phrase differently.
It can often be difficult to distinguish between psychological abuse and emotional abuse. Given that the majority of specialists agree that emotional child abuse can be summed up as an assault on the child’s psyche, it is safe to assume that “emotional” and “mental” abuse are likely to be treated equally in the eyes of the law.
Making this distinction is important since the Michigan penal code does not specifically prohibit the emotional molesting of children. The statutory definition of what child abuse makes reference to “serious mental harm.”
“Serious mental harm” is defined as an injury to a child’s mental wellbeing or condition that is not necessarily permanent but nevertheless produces clearly discernible manifestations of a significant disorder of thought or mood that materially impairs behavior, judgment, the ability to recognize reality, or the capacity to cope with day-to-day demands of life.
Domestic violence is of particular concern to women given the numerous incidents of assault and stalking against them. In Michigan, more than 25% of women report to have had a rape at some point in their lives (this includes perpetrators who may be known or unknown to them).
A study on violence against women and children found that roughly 42% of women in Michigan may experience rape, physical abuse, and/or stalking throughout their lifetimes. Victims don’t always look for legal assistance from the police or medical care.
Surprisingly, there is a growing trend indicating women are also becoming perpetrators of domestic violence. It seems to indicate a phenomenon that domestic violence is no longer gender specific.
Without a doubt, women are no longer the only ones affected. Some theories for why domestic violence cases involving women against men go unreported include the social stigma associated with violence inflicted by women on men and the institutionalized bias against such claims by law enforcement officers and the legal system itself.
Domestic Violence, Assault and Battery Are Painfully Related
One must first grasp what comprises assault and assault and battery in order to comprehend the crime commonly known as domestic violence. An intentional, unlawful act is considered an assault if it makes another person reasonably fear an impending battery.
The intentional forcing, aggressive, or offensive touching of another person or something that is strongly connected with the person of another, no matter how mild or trivial, constitutes assault and battery.
Cases of domestic violence are comparable to cases of battery and assault. They do, however, involve people in special relationships. This is the reason domestic abuse in Michigan is defined as an assault or assault and battery by a:
- Spouse
- Previous partner
- A person who is or was a member of the victim’s household
- A person who has a child shared with the victim
- A person with whom he or she is dating or has been dating
There are two classifications of domestic violence in the State of Michigan, namely: domestic assault and aggravated domestic assault.
Domestic assault is one sort of domestic abuse offense recognized by Michigan law. Charges can be brought against someone for this specific act even if there was no physical harm done. Instead, a person may be tried and found guilty based only on threats of bodily harm.
Aggravated domestic assault happens when the person assaulted sustains or suffers injuries necessitating medical attention.
The prosecutor may approve felony assault charges under Michigan’s assault statutes when other circumstances are present in a domestic violence altercation. The most typical felony charges are typically:
[1] Assault with a dangerous weapon.
[2] Assault with intent to do great bodily harm (GBH).
[3] Assault by strangulation or suffocation.
Statutory Penalties of Domestic Violence
Domestic violence by definition is a crime and carries statutory penalties.
Penalties and charges for domestic assault.
Domestic assault carries the following penalties:
[a] 1st Offense is a Misdemeanor penalized with 93 days in jail and/or fine up to $500
[b] 2nd Offense also a Misdemeanor penalized with 1 year in jail
and/or fine up to $1,000.
[c] 3rd Offense is a Felony punishable by 5 years in prison and/or
fine up to $5,000.
The victim need not be injured in order for this accusation to be proven.
Domestic violence convictions may also come with court-ordered probation, therapy, community service, etc.
Penalties and charges for aggravated domestic assault.
The prosecutor can actually recommend additional felony charges in the case of aggravated domestic assault as follows:
[a] Assault with a dangerous weapon carries a penalty of four years in prison
[b] Assault with intent to do great bodily harm (GBH) carries
a penalty of 10 years in prison
[c] Assault by strangulation or suffocation carries
a penalty of 10 years in prison
The Real Penalties and Consequence of Domestic Abuse
Just because domestic violence is perpetrated usually within the privacy of a home, it should not be misconstrued as some form of family dispute. It’s a crime. It is a punishable crime. When there’s crime, there’s consequence. In the perspective of family, the consequences are much deeper. It cuts through the very fabric of the family.
It destroys trust. It does irreparable damage to children. It is for this reason the courts do not take domestic violence lightly especially in the context of the best interest of the child.
The courts somehow will find a way to penalize erring parents, short of sending them to jail.
Personal Protective Orders (PPO)
The fastest and most effective so far in putting you at bay is a personal protective order or PPO. By issuing a PPO the court can effectively restrict your access to your children.
A PPO restrict the alleged abuser’s ability to speak with the victim by directing the abuser to:
[1] Keep away from the victim’s person, home, workplace, and school.
[2] Avoid communicating with the victim in any way, including by phone.
[3] Refrain from stalking, threatening, or physically harming the victim, and
[4] Refrain from meddling with the custody and care of any children that you share with the victim.
Your ex is the most likely party to request for a PPO and if your ex is sole physical and legal custodian. This means your kids are always around or near your ex. This effectively keeps you away physically and possibly with no way of talking to your kids. For a parent who loves their kids, this is worse punishment than a holding cell.
Limited or Restricted Custody and Parenting Time
Domestic violence is just one of the twelve factors the Michigan court will take into account when deciding on custody. This is true even if your kids weren’t the victims and didn’t see the violence. Domestic violence definitely matters. Courts always include it in custody and parenting time determinations.
Abusive partners, in the eyes of the court, can still get a chance for some parenting time, formerly referred to as “visitation”, and in some instances custody.
According to Michigan law, a close relationship between your child and both parents is in their best interests. In fact, the majority of kids whose parents engage in abusive behavior remain close to the abusive parent. Therefore, even if you are given custody of your child, the other parent will typically still be given access to the child on a regular basis. In extreme circumstances, parenting time may be disallowed or restricted if you can show the other parent’s presence endangers your child’s bodily, mental, or emotional well-being.
A judge may impose “supervised visitation,” which implies that the abusive parent and the child can only spend time together under specific conditions, depending on the circumstances. For instance, the judge may mandate a social worker or a specialist attend the visitation to assess the abuser’s suitability for contact with the child. A judge may also mandate that the abusive parent’s parenting time with the kid be supervised by a third party, such as a grandparent or friend.
Termination of Parental Rights (TPR)
When domestic violence causes, in its extreme form, a direct and most certain harm to the children, it could be the basis for the termination of parental rights. Parental rights can be terminated under the provisions for aggravated circumstances under MCL 722.638.
Remember this. The State of Michigan will not reinstate parental rights after it is terminated.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.